NCJ Number
7033
Journal
American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: COMPLETE ISSUE
Date Published
1972
Length
238 pages
Annotation
A COLLECTION OF ARTICLES CONTRIBUTED BY AUTHORITIES ON THE INTERACTIONS BETWEEN LAW AND PSYCHIATRY.
Abstract
THE SUBJECTS TREATED RANGE FROM THE BROAD AND CONTROVERSIAL THEORIES OF DR. THOMAS SZASZ TO A DISCUSSION OF THE PRACTICAL ASPECTS OF RAISING AN INSANITY DEFENSE. DR. SZASZ CONTENDS, FOR EXAMPLE, THAT MODERN PSYCHIATRIC LABELING IS AN INVALID AS THE DIAGNOSIS MADE BY A 19TH CENTURY LOUISIANA DOCTOR OF DRAPETOMANIA (THE DISEASE CAUSING SLAVES TO RUN AWAY). BALANCING THIS VIEWPOINT IS AN ESSAY DISCUSSING THE VALUE OF CURRENT PSYCHIATRIC INSIGHTS INTO HUMAN NATURE. THE HISTORICAL ORIGINS OF THE INSANITY DEFENSE ARE REVIEWED AS ARE THE CONSTITUTIONAL QUESTIONS OF SELF-INCRIMINATION PRESENTED BY COMPULSORY PRETRIAL COMPETENCY EXAMINATIONS. SEPARATE TRIALS TO DETERMINE GUILT AND INSANITY AND PROPOSED LEGISLATION PROTECTING THE RIGHTS OF QUESTIONABLY COMPETENT DEFENDANTS ARE DISCUSSED AS POSSIBLE ALTERNATIVES TO PRESENT PRACTICES. THE ATTORNEY'S ROLE IN IMPLEMENTING THE RIGHT TO TREATMENT FOR EVERY PATIENT IS THE SUBJECT OF THE FINAL ARTICLE.